- who have lived in the United States for 10 years or more.
- do not pose a threat to public safety or national security.
- are otherwise eligible to apply for adjustment of status.
- and merit a favorable exercise of discretion.
If eligible, these noncitizens will be able to apply for lawful permanent residence without leaving the United States. DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process; on average, these noncitizens have resided in the United States for 23 years. Approximately 50,000 children of these spouses also will be eligible for this process.
Note that noncitizens who pose a threat to national security or public safety will not be eligible for this process. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.
To be considered on a case-by-case basis for this process, an individual must:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion. Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.
Once the case is receipted, USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration:
- the potential requestor’s previous immigration history
- criminal history
- the results of background checks and national security and public safety vetting
- any other relevant information available to or requested by USCIS
Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published soon. USCIS will reject any filings or individual requests received before the application period begins later this summer. The program is expected to launch by the end of the summer after a Federal Register notice detailing the application process and other information is published. Applications submitted prior to the start date listed in the notice will be rejected.
If you have any questions regarding this new program or wish to be added to our wait list for starting an application, reach out to ffarequest@fleischut.com for more information.
Source: AILA and USCIS